63G-6a-2404. Unlawful conduct -- Exceptions -- Classification of offenses.
(1) It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to: the public entity; a procurement professional or contract administration professional; or an individual who the person knows is a family member of an individual described in Subsection. (1)(a)(ii) It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency. A person is not guilty of unlawful conduct under Subsectionfor: (1)(a) giving or offering, promising, or pledging to give a contribution to a public entity, unless done with the intent to induce the public entity, in exchange, to: award a contract or grant; make a procurement decision; or take an action relating to the administration of a contract or grant; or giving or offering, promising, or pledging to give something of value to an organization to which a procurement professional or contract administration professional belongs, unless done with the intent to induce a public entity, in exchange, to: award a contract or grant; make a procurement decision; or take an action relating to the administration of a contract or grant.
(2) It is unlawful for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback from a person who has or is seeking a contract with or a grant from a public entity. An individual is not guilty of unlawful conduct under Subsectionfor receiving or accepting, offering or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of a public entity, unless done with the intent that the public entity, in exchange: (2)(a) award a contract or grant; make a procurement decision; or take an action relating to the administration of a contract or grant.
(3) Notwithstanding Subsectionsand, it is not unlawful for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if: (1) (2) the total value of the hospitality gift is less than $10; and the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50.
(4) Notwithstanding Subsectionsand, as part of a standard procurement process conducted by an institution of higher education described in Section: (1) (2) 53H-1-102 the institution or an institution employee acting on the institution's behalf may: request a contribution, sponsorship, or other offering for the institution's benefit in the institution's solicitation; or consider and evaluate, as part of a solicitation's evaluation criteria, a contribution, sponsorship, or other value-added offering offered in a vendor's solicitation response; and in response to a solicitation that requests a contribution, sponsorship, or other offering for the institutions benefit, a vendor may offer a contribution, sponsorship, or other offering for the institution's benefit in the vendor's solicitation response.
(5) A person who engages in the conduct made unlawful under Subsectionoris guilty of: (1) (2) a second degree felony, if the total value of the gratuity or kickback is $1,000 or more; a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000; a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.
(6) The criminal sanctions described in Subsection (5) do not preclude the imposition of other penalties for conduct made unlawful under this part, in accordance with other applicable law, including: dismissal from employment or other disciplinary action; for an elected officer listed in Section, removal from office as provided in; 77-6-1 Title 77, Chapter 6, Removal by Judicial Proceedings requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and any other civil penalty provided by law.